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How CAA and NRC is Swaying Contemporary Epoch. Is it for Amelioration or it is Annihilation for the Muslim Confraternity?

CAA, Amelioration, Annihilation for the Muslim

This article is written by Janvi Kashyap, a First year B.A. LLB (Hons.) Student of Ideal Institute of Management and Technology (Affiliated to Guru Gobind Singh Indraprastha University), Delhi.

 CAA: Is it for Amelioration or it is Annihilation for the Muslim Confraternity?
How CAA and NRC is Swaying Contemporary Epoch. Is it for Amelioration or it is Annihilation for the Muslim Confraternity?

CAA, Amelioration, Annihilation for the Muslim

Introduction: CAA: Is it for Amelioration or it is Annihilation for the Muslim Confraternity?

The Citizenship (Amendment) Act, 2019 (CAA) passed in the Parliament on 11 December, 2019. The Citizenship Amendment Act 2019, amended the Citizenship Act of 1955 permitting Indian citizenship for Hindu, Buddhist, Sikh, Parsi, Jain, and Christian religious minorities who migrate from the neighboring Muslim majority countries of Pakistan, Bangladesh and Afghanistan before December 2014 due to fear of religious persecution. Furthermore, the Act excludes Muslim community.

In this Citizenship Amendment Act 2019, migrants are made eligible for citizenship by the new law and the migrants, who entered India by 31 December, 2014 and also the people (migrants) who suffered religious persecution or fear of religious persecution in their country of origin. These types of migrants will be permitted by Indian citizenship within the time span of six years. Under this amendment act, it also relaxed the residence requirement for naturalization of these migrants from eleven years to five.

There have been widespread protests across the country against the CAA amendment including northeastern states and the national capital of the nation. The protest against this amendment act turned out to be violent especially in northeastern states and particularly in Assam which eventually caused a severe loss in political rights, culture and land rights and further motivates migration in large ratio from Bangladesh.

CAA, Amelioration, Annihilation for the Muslim

The agitators say that citizenship amendment act 2019 is completely discrimatory in nature against Muslim community and violates the right to equality enshrined in the Constitution of the country. Some sects in Muslim majority countries also face persecution like in Pakistan; sects like Shias and Ahmedis but are not included in the CAA. Here a question uplifts on the exclusion of persecuted religious minorities from other regions such as Tibet, Sri lanka and Myanmar.

Therefore, it’s very crucial to see that what the central government say about this whole occurrence. In its fortification, the Central government has stated that Pakistan, Afghanistan and Bangladesh are Muslim-majority countries therefore, it is very common to face religious persecution same goes with these Muslim countries.

CAA, Amelioration, Annihilation for the Muslim

What will be the grounds of the proposed nationwide “National Register of Citizens” (NRC)?

In 2003, the Union Home Ministry drafted the rules for a nationwide, with respect to the Citizenship Act, 1955. The rules framed by the Union Home Ministry stated that the central government, shall for the purpose of the NRC, carry out a house-to-house enumeration for collection of specified exactly relating to each and every house and residing in a local area, including the citizenship status. Therefore, many people are arguing, people will not be asked to submit documents related to their grandparents. Similarly, as in the process of getting Aadhaar card, they have to submit their identity cards or any other documents, same process will be followed for NRC.

Any document mentioning date and place of birth is sufficient enough as a proof of citizenship. However, the decision regarding the same is still pending that what document is required. Moreover they are likely to include certificates, school-leaving certificates, voter ID cards, passports, the Aadhaar card, driving licences, insurance papers, and documents relating to property or birth place or home or other government-issued documents. If a person is uneducated, moreover does not have the relevant documents, the authorities will allow them to bring a witness. Other community verification and evidence will also be allowed in such cases.

CAA, Amelioration, Annihilation for the Muslim

What is the status of petitions filed challenging constitutional validity of Citizenship Amendment Act, 2019 (CAA)?

It is conceivably a very first time since India got independence, and also in the whole political history. The protest against the Citizenship (Amendment) Act (CAA), 2019 has severely spread out every corner of the nation; the reasons vary from state to state. Some agitators are protesting because they believe, due to this act it violates the secular identity of the country while on the other hand other fears that it will imperil their cultural and linguistic identity.

Yet some other people have the false interpretation of this act, that it will become a tool to exclude the Muslim community from the nation, in other words they assume that this act itself is innocuous, combined with the proposed nationwide National Register of Citizens (NRC), an exercise that has run into controversy in Assam.

CAA, Amelioration, Annihilation for the Muslim

Prime Minister of the nation Mr. Narendra Modi has publicly contradicted that contradicted home minister Amit Shah’s assertion that a nationwide NRC will be prepared by 2024. Many people have been filed petitions challenging the constitutional validity of the Citizenship (Amendment) Act, 2019, including Manoj Jha who is the RJD leader, also MP Mahua Moitra from Trinamool Congress and Asaduddin Owaisi[1].

Furthermore, several other petitioners includes people from Muslim Community such as Jamiat Ulama-i-Hind, AASU (All Assam Students Union), CPI, ), Peace Party, NGOs ‘Rihai Manch’ and Citizens Against Hate, advocate M L Sharma, and law students have also approached the supreme court challenging this Act.The top court has issued notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA. Current Chief Justice S A Bobde headed a bench consist of 59 petitions, in which people who belongs to IUML[2] and Jairam Ramesh who is a congress leader are included, for hearing on January 22.

CAA, Amelioration, Annihilation for the Muslim

Conclusion

To conclude, Citizenship Amendment Act 2019, signifies the migrants who belonged to Hindu, Christian, Buddhist, Jain, Sikh and Parsi communities. Also, the people who entered India illegally that is, without having any proof or without having visa on – before 31 December 2014, from the neighboring countries of India and the countries belongs to Muslim majority such as Pakistan, Bangladesh, Afghanistan and the ones who stayed in the country for five years, these are eligible to apply for Indian citizenship.

The Union government stated that the people who belonged to Hindu, Christian, Buddhist, Jain, Sikh and Parsi communities, as mentioned earlier they have faced persecution in these three Islamic countries. It is therefore, on the moral grounds that India has to provide them shelters. The process of preparing a nation-wide NRIC (minus Assam) has begun with the initiation of the NPR-2020. The CAA (2029) is already in place. Together, this would filter out the Muslims – and detention centres are being readied to house them. Lastly, I would like to mention a quote reflecting my personal opinions,

CAA, Amelioration, Annihilation for the Muslim

 “For me, I truly respect each and every religion but there is no such religion greater than humanity. So, serve humanity and peace out.”

CAA, Amelioration, Annihilation for the Muslim

CAA, Amelioration, Annihilation for the Muslim

This article is edited by Rupreet Kaur Dhariwal.


[1] Leader of AIMIM.

[2] The Indian Union Muslim League.

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